5th Amendment - Police Interrogations Flashcards
5th Amendment in Police Interrogation Context
- Any incriminating Statement obtained
- As a result of custodial interrogation
- Can’t be used against the suspect at a subsequent trial
- Unless, police inform subject of his Miranda rights
What is a custodial Interrogation?
Questioning initiated by law enforcement after a pers. has been taken into custody
Custody Defined
- Custody is a substantial Seizure, defined as either:
- a formal arrest OR
- a restraint on freedom of movement to the degree assoc. with a formal arrest
When is a person in custody?
- When D reasonably believes he is not free to leave OR
- is otherwise deprived of his freedom in any significant way
Look to the totality of the circumstances
Children in Custody
Age is a relevant factor in determining if a child is in custody
Custodial & Location
- No requirement that it take place at station, only that a gov’t agent does the interrogating
- Questioning at the crime scene or field investigation is NOT custody for Miranda purposes if the pers. has the right to leave the presence of the questioning officer
Custody & the effect of imprisonment
Imprisonment alone doesn’t create custody w/in the meaning of Miranda
- Objective Totality of Circ. analysis is required when inmate is interviewed. Must consider:
- Language used in summoning the prisoner
- Manner in which interrogation conducted
What is an interrogation?
- Direct Questioning or words or actions likely to elicit incriminating response
Interrogations & Voluntariness of Statement
Vol. statements are not protected by Miranda b/c not the product of interrogation
- Confession = Involuntary if:
- Police coerced the D into making the confession
- Vol. v. coerced? - Determined based on TOC
- Conduct of police
- characteristics of D
- Time of the statement
Trickery/False Promises made by police
Might make a confession involuntary
- BUT deceit or fraud by interrogators doesn’t make the confession involuntary
Vol. Statements & Character of the Defendant
Factors used in determining the coercive nature of the confession:
- Age
- State of health
- education
- intoxication
- Mental cond. alone CAN’T violate the voluntariness std.
- Must also have coercive police activity
What is the effect of a Break in questioning
Miranda protections carry over when there is a break in the interrogation process b/c of a 2nd cop after the 1st has stopped
When do you apply Miranda Warnings on the Bar exam?
ONLY when a pers. is subj to a custodial interrogation
- If cops have no intention of questioning the pers, or
- If pers not in police custody
- Then, Miranda warnings aren’t applic.
When are interrogation statements admissible
Anything D says is inadmiss. until he is informed of the Mirada Rights and the D waives thsoe rights
What triggers the Miranda warning?
Custody - formal arrest, or situation where reas. pers. in suspects position would believe their freedom has been deprived to a degree analogous with a formal arrest
What are the elements of a Miranda Warning?
Warnings do not need to be verbatim, law enforcement officials must inform D of:
- Right to remain silent
- That anything said can be used against him in court
- The right to the presence of an attorney AND
- If he cannot afford an attorney, one will be provided for him
Timing of Miranda Warnings
- Must be given b/f interrogation begins
- If interrogation stopped for long duration, warning must be given again
How does suspect invoke right to counsel?
Make a specific, unambiguous statement asserting his desire to have counsel present
- Once invoked, all interrogation must stop until counsel is present
- Unless, D vol. initiates communication w/ police (including spontaneous statements) or
- 14 day break in custody & fresh miranda warnings given
How does suspect invoke right to silence ?
Must make specific, unambiguous, statement asserting his desire to remain silent
- Mere remaining silent in response to questioning doesn’t invoke the priv.
- If invoked, priv. must be strictly honored
- BUT if D indicates a desire to speak, then subsequent interrogation is lawful if the D is not coerced AND D must be given Miranda warnings again
What are the exceptions to the Miranda Requirement?
- Public Safety
- Routine Booking Questions
- Undercoer Police
Public Safety Exception
If the public’s safety is at risk, the police aren’t required to give Miranda warnings b/f questioning a suspect
Routine Booking Exception
Allows police to ask a suspected drunken driver routine biographical questions & to videotape the driver’s responses w/out first giving the driver Miranda warnings
Undercover police exception
Miranda warnings not req. if the suspect being questioned is not aware that the interrogator is a police officer
What triggers Miranda Waiver?
Interrogation
How does a suspect Waive his Miranda Rights?
- Suspect properly receives the Miranda warnings
- D knowingly, voluntarily, and intelligently waives the rights
- Silence is never sufficient for waiver
- Once waiver occurs, police not req. to inform suspect that counsel is attempting to reach him or inform counsel that the D is being questioned
When are statements obtained from the D in violation of Miranda Rights Admissible?
To impeach a defendant at trial
- When he takes the stand & gives testimony that contradicts previous admissions
- to be admiss for impeachment, Statement must be voluntary & trustworthy
Fruits of Tainted Confession - Physical Evidence
if obtained as result of non-Mirandized confession
- admiss. if confession not coerced
Fruits of Tainted Confession - Second Confession
Miranda viol. doesn’t auto. require the supression of incriminating statements made after getting Miranda Warnings
- Giving warnings removes the taint or prior Miranda viol.
- 2nd conf. is not admiss. if their aim is to deliberately bypass the effect of Miranda warnings
Do police have to give Miranda Warnings at a Terry Stop?
No, a Terry Stop lacks the custody triggering a Miranda Warning
If a suspect invokes their right to counsel, questioning must stop and can’t resume unless?
- An attorney is present during the interrogation
- D re-initiates the contact with police OR
- Two weeks have elapsed and the suspect is given a new Miranda warning
What are the 4 bases to exclude statements & confessions?
- By actual coercion
- When D had right to counsel
- With no Miranda Warnings given
- As fruits of illegal conduct
